Italy turns to UN on India marines' rights

11/02/2014

High Commissioner for Human Rights assessing petition

(By Christopher Livesay)
Rome, February 11 - The Italian government
announced Tuesday it has petitioned the United Nations over two
Italian marines accused of murder in India while awaiting
charges for two years.
Foreign Minister Emma Bonino said Italy has "initiated
contact" with the Office of the United Nations High Commissioner
for Human Rights (OHCHR) over "the lack of charges" and the
"restriction of freedom" placed on Massimiliano Latorre and
Salvatore Girone since the alleged crime.
The pair has been living and working at the Italian embassy
in India pending charges for allegedly killing Valentine (aka
Gelastine) and Ajesh Binki after opening fire on their fishing
trawler while guarding the privately owned Italian-flagged
oil-tanker MT Enrica Lexie off the coast of Kerala in February
2012.
"The High Commissioner for Human Rights has agreed to
assess the petition," Bonino added.
The case has stressed relations between India and Italy
over the years, most recently as authorities in New Delhi
consider whether to apply the 1988 anti-piracy and
anti-terrorism Convention for the Suppression of Unlawful Acts
against the Safety of Navigation, the SUA Convention.
Invoking it in India carries the death penalty, but
prosecutors say they would not seek it, opting for a 10-year
prison sentence instead.
Italy condemns its application in any form, arguing it
would equate the country to a terrorist state.
A long-awaited ruling on the charge was postponed again by
the Indian supreme court. A new hearing is scheduled February
17.
Bonino on Tuesday reiterated her country's contempt for the
charges sought in India.
"Our marines are neither terrorists nor pirates. They carry
out a role in the name of the Italian government," said Bonino
before foreign affairs and defence committees from parliament.
"All options are open, from politics and diplomacy to legal
channels. The goal is the dignified return of our marines".
After the hearing, the chairs said they plan to write their
counterparts in all the EU member States and the European
Parliament in a bid to drum up international support.
The EU's High Representative for Foreign Affairs on Tuesday
chastized India for seeking the charges, upholding Italy's
objections.
"It means Italy would be seen as a terrorist state and this
is unacceptable," said Catherine Ashton.
On Monday Ashton said the case "affects all of Europe",
with "huge implications, not only for Italy but also for all the
countries engaged in the anti-piracy fight".
Diplomatic sources have told ANSA there was the likelihood
that Rome might freeze a number of bilateral treaties being
negotiated with India.
"These are eventual roads, everything's on the table," said
Bonino.
According to some reports, the affair is unlikely to be
resolved before India's general election in May.
The SUA Convention was a product of rising concern about
hijackings in the 1980s.
It obliges contracting governments either to extradite or
prosecute alleged offenders.
As of 2013 the Convention has 161 signatories including 159
UN members, representing 94.7%of the gross tonnage of the
world's merchant fleet.
In recent years it has largely been used against Somali
pirates.